# Ealey v. Insurance Co. of North America

> Texas Supreme Court · July 20, 1983 · 660 S.W.2d 50

URL: https://www.frixlaw.com/law-library/cases/9668041

## Case

- **Full name:** Jessie Mae EALEY, Petitioner, v. INSURANCE COMPANY OF NORTH AMERICA, Respondent
- **Court:** Texas Supreme Court
- **Decided:** July 20, 1983
- **Citations:** 660 S.W.2d 50
- **Precedential status:** Published
- **Opinion:** Concurrence by Robertson
- **Judges:** Campbell, Kilgarlin, Ray, Robertson, Spears
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9668041

## How later opinions describe it (automated extraction)

- holding that the twenty-day filing deadline in the predecessor to section 410.252(a) was a general statute of limitations with which compliance was required to invoke the trial court=s jurisdiction
- holding that the filing deadline was tolled where the parent company filed suit rather than the subsidiary, but the defendant was not misled or disadvantaged by the mistake
- holding provision setting time period in which to appeal Industrial Accident Board decision to be a general statute of limitation
- noting that the proper party to a workers’ compensation appeal is the insurance carrier, not the employer

## Opinion text

ROBERTSON, Justice,
concurring.
I concur that the motion for rehearing should be overruled because by this opinion Garcia v. Employers’ Casualty Co., 519 S.W.2d 685 (Tex.Civ.App.—Amarillo 1975, writ ref’d n.r.e.) has been overruled. Therefore the running of the statute of limitations is to be tolled for the complainant who inadvertently files a petition misnaming the insurance carrier as well as a compensation carrier who misnames itself.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9668041. Public record. Not legal advice.